Lord Davies of Gower
Main Page: Lord Davies of Gower (Conservative - Life peer)Department Debates - View all Lord Davies of Gower's debates with the Home Office
(1 day, 12 hours ago)
Lords ChamberMy Lords, I knew there was a reason why I was so nice about the earlier amendment from the noble Lord, Lord Blencathra. I am afraid we do not agree with Amendment 26. The amendment focuses on the power to issue closure notices, a measure which deals directly with the security of the home, which we believe is a fundamental right in our society. A closure notice is an extreme measure, and any power enabling the exclusion of a person from their residence must be subject to the highest legal scrutiny and strict proportionality, and we do not support the amendment.
Social justice groups consistently caution that new powers risk disadvantaging tenants and vulnerable groups. We must remember that, where these orders relate to social housing, they have the potential to render entire families homeless. We believe that the amendment would exacerbate that.
My Lords, I thank my noble friend for his Amendment 26 to Schedule 2 to the Bill, which permits a registered social housing provider to issue a closure notice in respect of premises they own or manage, under the Anti-social Behaviour, Crime and Policing Act 2014. As my noble friend and other noble Lords have stated, a closure notice under Section 76 of that Act is a notice which prohibits a person from accessing specific premises. Currently, such a notice can be issued only by the police or the local authority, but Schedule 2 permits an RSH to also issue such notices.
My noble friend’s amendment would ensure that the RSH provider is able to issue a closure notice for an individual flat in the premises it is responsible for. Given that paragraph (2)(b) of Schedule 2 does not specify that fact, I look forward to the Minister’s answer and hope he might clarify that point.
Lord in Waiting/Government Whip (Lord Katz) (Lab)
I thank all noble Lords for this short but focused debate, particularly the noble Lord, Lord Blencathra, for introducing his amendment. As he has explained, it seeks to allow registered social housing providers to issue a closure notice in relation to an individual flat within a housing block that they own or manage.
The closure power is a fast, flexible power that can be used to protect victims and communities by quickly closing premises that are causing nuisance or disorder. Clause 5 and Schedule 2 extend the closure power to registered social housing providers. Currently, only local authorities and police can issue closure notices. This is despite registered social housing providers often being the initial point of contact for tenants suffering from anti-social behaviour. Now, registered social housing providers will be able to issue closure notices and apply for closure orders, to enable them to close premises that they own or manage which are associated with nuisance and disorder.
The noble Lord, Lord Blencathra, mentioned a specific landlord. Without going into the facts of that case, it is clear that registered social housing providers have to meet regulatory standards set by the regulator of social housing. There is statutory guidance in place, and registered social housing providers are expected to meet the same legal tests as set out in the 2014 Act that the noble Lord mentioned. This will ensure that all relevant agencies have the right tools to tackle anti-social behaviour quickly and effectively. In turn, this will save police and local authorities time, as housing providers will be able to make applications directly, rather than having to rely on the police or local authority to do so on their behalf.
The noble Lord, Lord Clement-Jones, raised his concerns about risks of abuse. For instance, he was concerned that extending the power to housing providers might risk it being misused to evict tenants, such as those in rent arrears. There are robust safeguards in place to mitigate the risk of misuse. Like other agencies, housing providers will be required to consult with relevant partners prior to the issuing of a closure notice. This requirement is in addition to the legal test having to be met and the fact that the process will go through the courts.
I want to assure the noble Lord, Lord Blencathra, and others that premises here means any land or other places, whether enclosed or not, and any outbuildings that are, or are used as, part of the premises. This could therefore already include an individual flat within a housing block. Indeed, that would be the expectation: that this targets individual households, rather than whole blocks of flats. We are confident that the current legislative framework and the Bill will cover that and make that clear. On the basis of that clarification—of course, I will reflect on Hansard and the points he specifically raised about the 2014 Act, and I will write to him in more detail if I need to—I hope the noble Lord will be content to withdraw his amendment.
My Lords, I thank the noble Lords, Lord Russell of Liverpool and Lord Hampton, for tabling these amendments and all noble Lords who have contributed to this debate. Ensuring that anti-social behaviour complaints are adequately handled and delivering a just outcome for the complainants and communities affected without being overly burdensome on the relevant authorities are important principles. These amendments are largely in line with that goal.
This group is particularly important, as anti-social behaviour seems to be on the rise in our streets. As such, it is important that we have the right framework not only for dealing with complaints but for self-correcting any potential mistakes made. With an increased volume, local authorities simply do not have the time to be weighed down by bureaucratic procedures.
For that reason, Amendment 27 raises eyebrows. It is important that we provide the necessary support for those who are harmed by criminal behaviour, but it is also true that this clause would require policing bodies to review responses to complaints about anti-social behaviour, in certain instances. It would place an additional level of administration on to these authorities. As it stands, the amendment seems to cast the net too widely on when impact assessments might be necessary; it would therefore add yet more workload to already strained forces. I look forward to hearing the Minister’s opinion on this matter.
Amendments 28 and 31, however, appear to work to the opposite end. It is right that, when we mandate administrative work from our public servants, we should give them clear guidance on where it is necessary. A discretionary threshold has the potential to encourage local authorities to err on the side of caution and thus review cases that do not merit the time required. Adding a statutory threshold for an ASB case review would both streamline the process and create a more regular system across authorities. This is never a bad thing, and I hope the Minister will consider taking it on board.
I am cautious of Amendment 30 for reasons similar to those that I have already discussed. In principle, the amendment is sound, but adding more bureaucracy to the process by publishing the reasons for not reviewing a case has the potential to take time and attention away from cases that do meet the threshold. Additionally, a statutory threshold would be available for all to see and would set out the criteria needed to meet it. This would surely forgo the need to release the reasons why thresholds were not met.
This is a largely sensible set of amendments that have the interests of both complainants and the respective authorities at heart. I hope that the Minister agrees with what I have just said and look forward to what he says in response.
I thank the noble Lord, Lord Russell of Liverpool, for his amendments. I also thank the Victims’ Commissioner, the noble Baroness, Lady Newlove, both on the amendments and for her work on this issue over many years. I am also grateful for the support of the noble Baronesses, Lady Stedman-Scott and Lady Jones of Moulsecoomb, for the comments on this area from the noble Lords, Lord Hampton and Lord Clement-Jones, and to the noble Lord, Lord Davies, from His Majesty’s Opposition.
Amendment 27 aims to ensure that all victims of repeat anti-social behaviour are subject to an impact assessment, even where the individual has not requested a case review to be undertaken. The Government believe that there is a more effective response to this issue, in that we can ensure that victims are aware of their rights to request a case review. That has been included in updated statutory guidance for front-line staff, which we published in September. The proposals in the amendment would significantly increase the resources required to review anti-social behaviour incidents. The wording of the amendment would mean that even in cases where the victim is satisfied with the response, the police would be required to conduct an impact assessment.
The noble Lord, Lord Russell, has approached this by saying he wishes to work with the Government to look at this. I am happy to have further dialogue with him and the responsible policy Minister in the Home Office post Committee. We can return to it then and examine the nuances. I hope that my initial comments give him a flavour of where the Government currently are.
Amendments 28, 29 and 31 look at the anti-social behaviour case review process and mandate the requirement for there to be an independent chair, for victims to be invited to attend their case review, and to reduce the ability for authorities to add additional caveats that reduce the victim’s abilities to request a case review. I am pleased to say—I hope that the noble Lord, Lord Russell of Liverpool, will accept this and the way that I put it to him—that we have recently updated the statutory guidance to front-line professionals, which already reflects the proposals he has put to the Committee today. I believe that this will create the impact that his amendments intend to bring while still allowing for greater flexibility for circumstances to be treated on an individual basis. Again, if the noble Lord would like further information on the statutory guidance, I am happy to provide that to him and to the noble Baroness, Lady Newlove, but we think that it meets the objectives of Amendments 28, 29 and 31.
Amendment 30 seeks to require relevant bodies involved in case reviews to publish details on why they have determined that the statutory threshold for a case review was not met. Under existing legislation, it is already a requirement for the relevant bodies to publish the number of times they decided that the review threshold was not met. I highlight to the noble Lord that, through Clause 7, the Government are introducing further requirements for local agencies to report information about anti-social behaviour to the Government. That is for the purpose of us understanding how local agencies are using the powers and tools provided by the 2014 Act, including the question of case review.
If the noble Lord looks at Clause 6 in particular—it is buried in the depths of the undergrowth of Clause 6 but I assure him that it is there—he will see that there will be a new duty for police and crime commissioners to set up a route for victims to request a further review where dissatisfied with the outcome of their case review. This includes where the relevant bodies determined that the threshold was not met for the initial case review. I will give further explanation of Clause 6 when we reach it, but I hope that it meets the objectives that the noble Lord has set out in Amendment 30.
The recently updated guidance on case reviews address many of the same points as these amendments and I hope that it will have the opportunity to bed in. I am happy to send the noble Lord a copy of the guidance, if I am able to, and I assure him that we will monitor the effectiveness of that guidance in improving good practice. He has my commitment that, if necessary, we will revisit the issues again in the near future. Until then, I submit that it would be premature to legislate further on case reviews beyond the measures in the Bill. I hope that with those assurances, the invitation to further discussion and the offer of further information, the noble Lord would be content to withdraw his amendment.
My Lords, it is all too often the case that, when the Government say they are bringing minor and technical amendments to a Bill, those amendments are neither minor nor technical in nature. However, with these amendments, that is genuinely the case. There is, therefore, little for me to say in response to this group of amendments. The Data (Use and Access) Act 2025 was passed by this House earlier this year and, as far as I am aware, the data protection override in Section 106 of that Act was not queried or opposed by noble Lords during its passage, and no amendment was proposed to that clause. I therefore have no issue with these amendments.
I am grateful and all I say in response is that the sooner we get to Clauses 132 and 192, the better.
My Lords, we support Amendment 55A in the name of the noble Baroness, Lady Jones of Moulsecoomb. She has already highlighted the importance of improved data collection around the use of anti-social behaviour legislation. This is essential because it is impossible to gauge the fairness or effectiveness of anti-social behaviour powers without adequate data and transparency.
We also support Clause 7. It is important to have more transparency around how these powers are used by local authorities and housing providers. The evidence is that they already have this information but are failing to share it. As a result, little is known about how these powers are being used in practice.
The charity Crisis wants the Government to go further by making this information publicly available. This would provide full transparency around patterns of anti-social behaviour and the powers used to tackle it. Is this something the Government might consider? Perhaps the Minister could let us know.
The police, too, must improve their recording practices around anti-social behaviour. A report last year by HMICFRS found that some forces’ recording is very poor, while others do not always record the use of statutory powers. We believe that transparency is key to ensuring that future orders are applied reasonably and proportionately, and to prevent discrimination.
My Lords, my noble friend Lord Blencathra, as ever, raises a serious and pertinent point with his Amendment 35. Clause 7 permits the Secretary of State, by regulations, to require authorities to provide them with information about anti-social behaviour. Unfortunately, Clause 7 contains rather vague requirements on what information the regulations might contain. It would perhaps be helpful for the Minister to provide the Committee with some concrete examples of what might be included. My noble friend is absolutely right that social media posts should not be included in any of the guidance.
With Amendment 55A, in the name of the noble Baroness, Lady Jones of Moulsecoomb, my fear is that the police and the Home Office, already overburdened with creating statistics, will yet again be further burdened. Perhaps this is not the way forward.
I am grateful to both the noble Lord, Lord Blencathra, and the noble Baroness, Lady Jones of Moulsecoomb, for these two amendments.
As the noble Lord explained, Amendment 35 relates to the new power in Clause 7 for the Home Secretary to make regulations requiring relevant authorities, including local councils and social housing providers, to report information on anti-social behaviour. The amendment would mean that those regulations would not be able to request information from the relevant authorities about things that are considered anti-social or indeed anti-social messages. We will come on to the non-crime hate incident issues that the noble Lord has a concern about, but currently Clause 7 would allow information to be requested on reports of anti-social behaviour made to an authority, responses of the authority and anti-social behaviour case reviews carried out by the relevant authority. Anti-social behaviour can come in various forms, and it is important that the regulation-making power can address this.
Information held by central government on anti-social behaviour is in some areas limited. This has led to a significant evidence gap in the national picture of anti-social behaviour. I mentioned the 1 million incidents per year, but there is still an evidence gap in that picture of anti-social behaviour. The new clause will change this to ensure stronger and more comprehensive understanding of ASB incidents and interventions, but we want to make sure that Clause 7 creates a regulation-making power only. Regulations will then be made following the passage of the Bill to specify the information that agencies must provide. Going back to what the noble Baroness, Lady Jones, indicated, this may be information they already have but do not necessarily share.
I assure the noble Lord that regulations are being developed in close consultation with the relevant practitioners, including local authorities and social housing providers, to understand what information is held on anti-social behaviour and the impact that this requirement may have upon them, for the very reasons that the noble Lord mentioned. We will of course make sure that any new requirements are reasonable and proportionate but meet the Government’s objective of having a wider understanding of some of the trends and information.
My Lords, this group of amendments addresses three separate but related offences: increasing the penalties for littering and dog fouling offences and introducing a specific offence of littering on public transport.
Littering may appear to be a minor problem when juxtaposed with some of the issues discussed in the Bill, but it is one of the most prominent anti-social offences to plague towns and communities. Littering is one of the most visible forms of environmental degradation, affecting not only the appearance of our streets and greenery but degrading our sense of public pride and community. Littering is associated with signs of a neglected area, and it sends a powerful negative message about standards and civic responsibility.
The scale of this problem is undeniable. Keep Britain Tidy estimates that local authorities in England alone spend around £1 billion each year clearing litter and fly-tipped waste. Almost 80% of our streets in England are affected by littering to some degree, with the most common items including food and drink packaging, cigarette ends and sweet wrappers.
The Government’s own figures show that local councils issue fewer than 50,000 fixed penalty notices a year, despite the widespread scale of the problem. This is why my amendments seek to increase the penalties for littering offences. The current fixed penalty levels were last revised in 2018, when the maximum fine was raised to £150. Since then, both inflation and enforcement costs have risen considerably. As time has gone on, therefore, the deterrent effect of the penalty has been eroded. An uplift is thus justified and necessary. A higher penalty would reflect the real cost to communities and to local authorities, and would send a clear message that littering is not a low-level or victimless offence.
The same logic applies to my amendment concerning dog fouling offences. It is true that some progress has been made through awareness campaigns, but the problem persists in many communities. It is unpleasant, unsanitary and requires local authorities to bear the cost of cleaning it up. It is therefore only right that penalties are raised to reflect both the nuisance and costs incurred. I hope the Government agree that more must be done to combat littering and dog fouling offences.
The negative effects of littering are felt most in highly frequented public places. Public transport is one such area of public life where the harm of littering is exacerbated. It is a growing problem on our trains, buses, trams and underground systems. Anyone using public transport on a Saturday or Sunday morning will no doubt have experienced the scale of rubbish left behind from the thoughtless few of the night before. The accumulation of food packaging, coffee cups, bottles and newspapers left behind by passengers is a saddening sight and must be addressed. Littering on public transport causes expensive inconvenience for operators and diminishes the travelling experience for others. Often, passengers would rather stand than sit on dirty seats. A distinct offence of littering on public transport would underline the responsibility of passengers in shared public places and support transport authorities in maintaining standards of cleanliness and safety.
These amendments are not about punishing people for the sake of it; they are about upholding civic standards and ensuring that those who do the right thing are not let down by those who do not. They are about fairness: the costs of litter removal fall on local taxpayers, transport users and businesses, rather than on those responsible for creating the mess. It is time the Government took a firmer stance on the few who ruin the enjoyment of Britain’s streets for the many. Higher penalties and clearer offences would, in my view, provide both the incentive and the clarity needed to improve compliance.
I hope the Government will view these proposals in that spirit—not as punitive but as a practical contribution to cleaner, safer public spaces and to civic pride. I look forward to hearing from the Minister, and from across the Committee, on how the Government intend to continue building on their anti-littering strategy and supporting local authorities in enforcement. I am sure many noble Lords will have received letters and emails from constituents complaining about the state of local streets and the scale of litter they must contend with. They are right to be concerned. The cost to our environment, our economy and our collective morale is far greater than the individual cost of a packet or a coffee cup dropped out of selfish behaviour. I beg to move.
Lord Blencathra (Con)
My Lords, I support the amendments in the name of my noble friend. My only criticism is that the proposed increase for the penalties is not high enough, but at least it is a very good start. I declare an interest, as on the register: I am a director of the community interest company, Clean Streets, which works with Keep Britain Tidy to try to reduce cigarette litter on the streets, with considerable success.
In about 1995, I was privileged to make an official visit to Commissioner Bratton in New York, who pioneered the broken window theory—I am sure the Minister is aware of it. As he discovered, if there is a street with one broken window and no one does anything about it, very soon there will be more broken windows, then litter and rubbish lying in the street, and then low-life people, as they call them in America, move in. He said that you would start with a street with a broken window and, within a couple of years, end up with garbage and then a drug den. I actually visited one where they were trying to batter down a steel door to get the druggies out.
I am not suggesting that a little litter would cause that here, but there was an experiment cited by the excellent nudge unit, set up by Oliver Letwin, when he was in government. The experiment was carried out in the Netherlands, where, for one week, they looked at a bicycle parking lot. They pressure-washed the whole thing, scrubbed it and kept it clean, and over the course of that week not a single bit of litter was left there and no damage was caused. The following week, they put bits of litter in the parking lot—a bottle here and an empty cigarette box there—and, within days, the whole place got more and more litter, because people thought it was an okay thing to do. If people see one bit of rubbish, they think they can just add their rubbish to it as well.
Littering is not only unsightly but highly dangerous. Cigarette litter, in particular, is dangerous—not from the cigarettes themselves but from the filters, which have microplastics in them. It causes enormous costs to councils to clean up.
A couple of months ago, serving on the Council of Europe, I attended an official meeting in Venice. It was the first time I had been there. It is not very wheelchair friendly, but I did manage to get around. After four or five days in Venice—I paid to stay on for some extra days—I was impressed that there was not a single scrap of litter anywhere on the streets. One could not move for tourists, but there was not a single scrap of litter. There were signs everywhere, saying “Keep Venice Clean”. People, mainly ladies, were going round with their big two-wheeled barrels collecting garbage from people’s homes. It was impressive.
I was even more impressed that everyone seemed to have a dog—the widest variety of dog breeds I have ever seen—but there was only one occasion in five days where I saw dog mess on the pavement. The view was that, if you have a dog, you clean up after it. It is an extraordinary place. When I am on my wheelchair in London or anywhere else—trying to avoid the people on their mobile phones who walk into me—I am looking down all the time as I dare not drive through dog dirt on the pavement because I can never get it off the wheels. I manage to avoid it, but that is what I must to do in my own country. I cannot take the risk in a wheelchair of driving through the dog mess we find on the pavements. To be fair, in Victoria Tower Gardens, where I see people exercising their dogs, they all have the little poop-scoop bag and they pick up the mess and that is very good, but there is too much dog mess on the pavements.
We need tougher sanctions. We need the highest possible penalties, particularly for fouling and leaving mess on the pavement. I know the penalties are there already, but they have not been enforced rigorously enough. My friend, the noble Baroness, Lady Fox, might condemn the private companies that move in and start imposing more fines for the ridiculous dropping of litter, but perhaps they could move in and start imposing them, and catch out the people who are leaving the dog mess on the pavement. I almost tried to do it myself on one occasion, when I came across similar dog mess in the same spot three days in a row. I was tempted to get up at 5 am, sit there with my camera to catch the person doing it and report him or her to Westminster City Council.
We need enforcement on this. Goodness knows how colleagues in this place who are blind and who have guide dogs manage to avoid it—I hope the dogs do—but others may not avoid it and will walk through it. It is filthy and disgusting, and a very serious health hazard. I support the amendments in the names of my noble friends, and I urge the Government to consider all aspects of making tougher penalties for litter and tougher enforcement penalties for dog mess on the pavement.
Sorry, I thought the noble Lord was gearing up to make further comments.
I am grateful to the noble Lord for tabling the amendments. I agree with him and everybody else who has spoken that fly-tipping, littering and dog fouling are not victimless crimes; they blight our communities. I find it very annoying to see not just dog mess in bushes but stuff thrown out of car windows and stuff left on trains that is not picked up. An important point made by the noble Lord, Lord Goddard, is that some of this is also about improving behavioural change and encouraging people not to tolerate this. Never mind fines or responsibilities, it is about not tolerating this as a society.
Having said that, the amendments themselves are unnecessary in this case, and I will try to explain why. Local authorities can already issue fixed-penalty notices for littering of up to £500, which is greater than the proposed penalties in the amendment. In addition, local authorities already have the power to issue public space protection orders to tackle persistent anti-social behaviour, including dog fouling. As we have debated, Clause 4 raises the maximum penalty for the breach of PSPOs from £100 to £500, so there is already an upward target in terms of the amount of potential fine. This is not meant as a snide point, but I say to the noble Lord that the Dog (Fouling of Land) Act 1996 has been repealed and replaced; I cannot amend it because it does not exist any more.
The argument I put to the House is that local authorities are best placed to set the level of these penalties in their area, taking into account the characteristics of the community, which might even include ability to pay. Outside of issuing a fixed-penalty notice, those prosecuted for littering can also face, on conviction, a fine of up to £2,500. I do not believe that increasing the fine available to someone who fails to give their name and address to an enforcement officer issuing them a fine is appropriate, with a fine not exceeding level 3 on the standard scale—currently £1,000—being the appropriate level in these circumstances.
Amendment 38 makes a very important point about littering on public transport becoming a specific offence. I pay tribute to the people whom the noble Lord, Lord Goddard of Stockport, mentioned: the people who go up and down trains, collecting rubbish on behalf of the company. They are also the people who helped protect us last week in the LNER attack. They fulfil a very important function as a whole.
However, the British Transport Police and the railway operators already have the power to enforce the railway by-laws and prevent unacceptable behaviour on both heavy and light railway. That includes fines of up to £1,000. On the noble Lord’s late-night train back, in theory, a £1,000 fine for littering could be issued. By-laws are controlled by each individual devolved area, which will have its own by-laws around littering and enforcement.
That takes me to the other point—I do not mean to be cocky in the way I say this—that the amendments, as proposed, seek to amend the law in Scotland and Wales as well as for England, and they deal with matters that are devolved to Scotland and to the Senedd in Wales. As such, it would not be appropriate to include such measures in the Bill without the consent of the legislatures, which at the moment we do not have and have not sought.
Finally, I think it is of benefit to noble Lords if I briefly outline the steps the Government are taking to reduce littering among our communities. There is a Pride in Place Strategy, which sets out how Government will support local action—the very point that the noble Lord, Lord Goddard of Stockport, mentioned—by bringing forward statutory enforcement guidance on littering, modernising the code of practice that outlines the cleaning standards expected of local authorities and refreshing best practice guidance on powers available to local councils to force land and building owners to clean up their premises.
Having had the opportunity to debate all these issues, I think that the amendments make an extremely important point, and I am not trying to downgrade the points that have been made by noble Lords. Litter is an extremely important issue, but the approach taken in these amendments is not one that I can support—but not because I am not interested in the issue itself. I ask the noble Lord to withdraw his amendment and not to move the other amendments, but we can still discuss it further at some point, no doubt on Report.
My Lords, I am most grateful to those who have contributed and spoken in support of this group of amendments and, indeed, for the Minister’s response, although I was a little disappointed by the scepticism of colleagues on the Liberal Democrat Benches.
These matters go to the heart of civic pride and the everyday quality of life that our constituents rightly expect. The present system of penalties is no longer an adequate deterrent, having not been amended for many years. As has been observed, local authorities spend hundreds of millions of pounds every year clearing up after those who show little regard for the public realm. When the maximum fine for littering has remained unchanged since 2018, its real-term value has fallen sharply. Fines are now too often treated as a minor inconvenience rather than a genuine consequence for selfish behaviour. My amendments seek to address that imbalance and ensure that penalties once again reflect the true cost to our communities. Our buses, trains and underground systems are shared spaces used by millions every day. They should be clean spaces, not repositories for discarded coffee cups and beer bottles.
As I mentioned in my opening speech, although awareness of dog fouling has improved, enforcement remains inconsistent and penalties insufficient. It is only fair that those who allow this behaviour to persist should face meaningful consequences, rather than leaving their neighbours and local councils to deal with the aftermath.
These amendments are modest practical steps towards restoring civic responsibility and pride in our shared environment. They are not intended to be punitive; they are about accountability and respect for the public spaces we all enjoy. I hope that the Government will take note of the strength of feeling by travellers and the public at large and will continue to work with local authorities and communities to tackle the persistent blight of dog fouling and littering, especially on public transport. But for the time being, I beg leave to withdraw my amendment.